The Madras High Court in the case Seeman and Others Vs. IOP Chennai observed and has recently quashed a case against 13 persons who had allegedly raised slogans condemning the implementation of National Education Police 2020 by the Union Government and without getting of the prior permission from the concerned authority.
The bench comprising of Justice G. K. Ilanthiraiyan observed and has quashed the entire proceedings of the criminal case pending on the file of Judicial Magistrate No.II at Poonamallee which arose out of the FIR registered by the respondent police for the offences under Sections 143, 188, and 117 of Indian Penal Code, 1860 for their alleged act of protest.
The court while quashing the proceedings, it was noted by the High Court that the police officer was not a competent person to register an FIR for the offences under Section 188 of IPC and thus, the final report or FIR was liable to be quashed for the offences under Section 188 of IPC.
Further, the court observed regarding the charge of Section 143 that since the complaint did not state how the protest formed by the petitioners and others was an unlawful protest and also, it did not satisfy the requirements of Section 143 of IPC, however, the final report was liable to be quashed.
The court observed that for taking cognizance of the offences under Section 188 of IPC, a complaint should be lodged by the public servant in writing and other than that no Court has the power to take cognizance of the offence.
At the Outset, the court referred to Madras High Court’s ruling in the case of Jeevanandham and others Vs. State rep. by the Inspector of Police, Karur District, wherein the court held that a Police Officer cannot register an FIR for any of the offences falling under Section 172 to 188 of IPC and for taking cognizance of the offences under Section 188 of the Indian Penal Code and a complaint should be lodged by the Public Servant in writing and other than that no Court has the power to take cognizance of the offence.
Accordingly, the court quashed the proceedings in the case pending on the file of Judicial Magistrate No.II, Poonamallee and the instant plea was allowed.
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